Conditions at US supermax prison ‘inhuman’, High Court told

Amnesty report presented in case of Algerian-born Irish citizen Ali Charaf Damache

Ali Charaf Damache (49), an Algerian-born Irish citizen  is wanted by the US authorities in connection with an alleged conspiracy to provide support to terrorists. Photograph: Collins Courts
Ali Charaf Damache (49), an Algerian-born Irish citizen is wanted by the US authorities in connection with an alleged conspiracy to provide support to terrorists. Photograph: Collins Courts

Lawyers for a man wanted in the US on terrorism charges have read an Amnesty International report to the High Court on the "inhuman" conditions at a supermax prison where they say their client could be held.

Ali Charaf Damache (49), an Algerian-born Irish citizen, previously with an address in Waterford, is wanted by the US authorities in connection with an alleged conspiracy to provide support to terrorists.

Earlier this month he won a Supreme Court appeal for a judicial review of the Director of Public Prosecution (DPP)’s decision not to prosecute him in Ireland and his extradition case is now being heard for the second time.

If convicted in the US, Mr Damache could face up to 45 years in jail, a term his lawyers say would be “a lot more” than could be imposed here.

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His legal team says he could be sent to the ADX supermax prison in Florence, Colorado where he could be kept in solitary confinement and would have difficulty practicing Muslim faith.

Mark Lynham BL for Mr Damache read from an Amnesty International report, which described the conditions in the ADX as exceptionally harsh with some prisoners being confined in their cells.

He said the information contained in the report came from various attorneys and the courts.

Amnesty International asked to visit the prison in 2011 but was turned down and the court was told that there was little information about the current facility.

However, the court heard prisoners were held under more isolated conditions than before.

Pre-trial conditions were described as “inhuman, cruel and degrading”.

Conditions at the ADX have become more restrictive and the court was told about an example where a man self-mutilated.

An overwhelmingly large of Muslim terrorist suspects are sent to ADX, the court heard.

The court also heard the US government had stated it would not preclude a mentally ill person, if not actively psychotic at the time of entry, being be sent to ADX.

Mr Damache, who has been living in Ireland for more than 10 years, is wanted on charges alleging conspiracy to provide material support to terrorists and attempted identity theft to facilitate an act of international terrorism.

After the DPP decided in March 2011 not to prosecute him in Ireland, the US sought his extradition in 2012. He has been in custody since.

Ms Justice Aileen Donnelly remanded Mr Damache in custody until next Tuesday when the case is due to resume.